Discovering your infant has been a victim of shaken baby syndrome (SBS) at a daycare center is among a parent’s worst nightmares. SBS is a type of child abuse where the aggressive shaking of a baby creates an exaggerated whiplash motion, causing an infant to suffer irreversible brain injuries and rib and other bone fractures.
If you are reading this article because you suspect your child is a victim of SBS while in the care of a negligent daycare center, we are here to help. We recognize that this can be an overwhelming time full of shock and anger that may have you feeling paralyzed about what to do next.
Our experienced and compassionate Texas daycare injury lawyers at The Button Law Firm aim to provide you with guidance and support following a SBS incident. In this article, we break down the three most important legal steps to follow on the path to get justice for your child and hold the negligent daycare center accountable for his or her life-changing injuries.
Step 1: Request an Incident Report from the Daycare Center
By law, all daycare centers in Texas are required to give parents a copy of an incident report after their child is harmed at daycare. This includes instances of a caregiver shaking a baby in their care. An incident report documents how a child was hurt at the facility, which caregivers were responsible for watching the child, and a description of apparent injuries the child experienced.
Daycare centers in Texas are obligated to provide a copy of the incident report to a parent or guardian within 48 hours of the incident. In fact, parents are also required to review and sign the incident report.
Our experienced daycare injury lawyers have seen instances where some negligent centers refuse to create an incident report or share a copy with parents. If this is the case at your child’s daycare center, it is important to request the report in writing either by email, written letter, or text message.
Watch this video for more helpful information regarding daycare incident report requirements in the Lone Star State.
Step 2: Report the Daycare Injury to the State of Texas
Even if you believe your child’s daycare center already reported the incident, it is important to report the incident, along with information regarding your child’s SBS diagnosis and suspected cause of SBS at the daycare center, to the state of Texas. You can easily do this by calling the Texas Abuse Hotline at 800-252-5400 for instances of SBS since the issue impacted a child younger than 5 years old.
Notifying the state will prompt an investigation by Texas Department of Family and Protective Services. A report of SBS that is called into the hotline will be investigated by the state agency within 24 hours. An investigator will visit the daycare center to gather information and determine how the center was negligent and caused the infant to be violently shaken in its care.
Step 3: Contact Daycare Injury Lawyers at The Button Law Firm
Shaken baby syndrome can be life-changing for the child victim and the whole family. Once you have documentation from the incident report and state investigation, it is important to contact experienced and compassionate daycare injury lawyers like our team at The Button Law Firm. We have experience handling these delicate and difficult cases.
Your family may have the option to file a claim to hold the daycare center accountable for being negligent and causing your child’s SBS. Taking this step enables parents like you to get answers and, potentially, justice in the eyes of the law. During the process of filing a formal claim or lawsuit, our daycare injury lawyers will put the daycare center on notice to preserve evidence surrounding the incident involving your baby. In Texas, you have two years to file a claim to seek compensation, also known as damages.
Parents in Texas may be compensated for the following damages when filing a claim:
- Emotional distress
- Medical expenses, including a child’s ongoing or future medical treatments and therapy
- Pain and suffering
In the tragic event that an infant passes away because of a fatal injury sustained from violent shaking at a daycare center, surviving parents may be eligible to file a wrongful death of a child lawsuit. These cases seek compensation to cover:
- Funeral expenses
- Medical expenses incurred prior to a child’s passing away
- Loss of consortium for family members
- Emotional damages such as pain and suffering
- Other unexpected costly fees
We recognize the next steps following a child’s SBS diagnosis can feel overwhelming. If you want advice or have more questions, call us at 214-699-4409 or email us at [email protected] for a free consultation. Our experienced Texas daycare injury lawyers will listen and determine the best way to help you and your family move forward after an SBS diagnosis.
The Button Law Firm Can Help After a Shaken Baby Syndrome Diagnosis
Our knowledgeable and compassionate daycare injury attorneys at The Button Law Firm are dedicated to holding daycare centers accountable when an infant is a victim of shaken baby syndrome because of a center’s negligence. With attorneys in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our team at The Button Law Firm is recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Get a free consultation by calling us at 214-699-4409, emailing us at [email protected], or filling out a contact form.